Supreme court
'Dearth Of Super-Speciality Doctors In Dental Science Field': Supreme Court Regularises MDS Admissions
The Supreme Court in a recent order, while directing the issuance of pending degrees to graduates of MDS(Master of Dental Surgery), observed the 'dearth of Super-Speciality Doctors' in the field of dentistry. The bench of Justice BR Gavai and Justice KV Viswanathan was hearing an appeal filed by MDS graduates, the batch of 2016-19 in the dental colleges of Madhya Pradesh who challenged the...
'Race, Religion, Caste & Language Human Constructs' : Supreme Court Says Caste No Bar For Appointment Of Non-Hereditary Temple Trustee
The Supreme Court recently reiterated the principle that the selection to positions of non-hereditary trustee of temples cannot be caste-based. The bench of Justice MM Sundresh and Justice Aravind Kumar was hearing a challenge against the Kerala High Court order which set aside previous appointments of non-hereditary trustees in Devaswoms/Temples, which are controlled institutions under...
Supreme Court Expresses Concerns About Expanding Drug Trade, Urges Youth To Resist Peer Pressure & Stop Emulating Addicts
The Supreme Court today (December 16) held that the National Investigation Agency while investigating a scheduled offence can also investigate a non-scheduled offence or a person involved in a non-scheduled offence provided there is a nexus with the scheduled offence. In the judgment, the Court made certain observations on the ripple effect of illicit drug trade and drug abuse. It held that...
Mere Delay In FIR Registration No Ground To Reject Motor Accident Claim; But Delay Can Become Relevant Depending On Evidence : Supreme Court
The Supreme Court observed that although the delay in lodging an FIR would not be a ground to reject a Motor Accident Compensation claim, it gains relevance in cases where other evidence does not support the claimant's allegations.The bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah was hearing the appeal filed by the New India Assurance Co. Ltd. against the Madras High...
Supreme Court Weekly Round-up: December 9, 2024 To December 15, 2024
IndexCitationsKunhimuhammed @ Kunheethu v. State of Kerala 2024 LiveLaw (SC) 964National Highways Authority of India v. G Athipathi and Others, Civil Appeal No. 14100 of 2024 2024 LiveLaw (SC) 965Tej Bhan (D) Through Lr. & Ors. v. Ram Kishan (D) Through Lrs. & Ors. 2024 LiveLaw (SC) 966Leela Agrawal v. Sarkar & Anr. 2024 LiveLaw (SC) 967Dara Lakshmi Narayana & Others v. State...
Arbitration Can't Be 'Optional' When Agreement Provides Arbitration Clause : Supreme Court
The Supreme Court held that there cannot be an 'optional' arbitration, where parties are required to mutually agree to invoke the arbitration clause.Setting aside the MP High Court's decision, the Court said that there is nothing like 'optional arbitration' that could be invoked after both parties mutually agree to invoke the arbitration clause. According to the Court, arbitration is...
Advocate Cannot Do Full-Time Journalism : Bar Council Of India Tells Supreme Court
The Bar Council of India informed the Supreme Court that a practicing advocate cannot work simultaneously as a full-time journalist. This is due to the bar under Rule 49 of the BCI Rules of Conduct, which provides an advocate must not engage in full-time salaried employment while practicing law.A bench of Justice Abhay S Oka and Justice Manmohan was told by Advocate Radhika Gautam appearing...
Land Acquisition Act 1894 | Re-determination Of Compensation Under S. 28A Can Be Sought Based On High Court's Enhacement : Supreme Court
Recently, the Supreme Court ruled that a claim for re-determination of enhanced compensation under Section 28-A of the Land Acquisition Act, 1894, cannot be denied merely because it was based on the High Court's decision to enhance compensation instead of the Reference Court's decision under Section 18 of the Act. The Court clarified that to claim re-determination of compensation under...
NIA Can Investigate Unscheduled Offences Connected With Scheduled Offences : Supreme Court
The Supreme Court held that the National Investigation Agency (NIA) has the power to investigate an offence, which is not included in the schedule of the NIA Act, if it is connected with an offence which is included in the schedule of the NIA Act.The Court clarified this legal position while upholding the order of the Punjab & Haryana High Court which cancelled the bail of a man accused in...
![Complete Supreme Court Quarterly Digest 2024- [July To September]](https://www.livelaw.in/h-upload/2024/05/31/500x300_542424-supreme-court-quarterly-digest-2024.webp "Complete Supreme Court Quarterly Digest 2024- [July To September]")
Complete Supreme Court Quarterly Digest 2024- [July To September]
AdvocateAll miscellaneous amounts charged by Bar Councils for enrolment are 'enrolment fees'. Gaurav Kumar v. Union of India, 2024 LiveLaw (SC) 519Bar Councils can't collect any amount exceeding fee specified under Section 24 of advocates act for enrolment. Gaurav Kumar v. Union of India, 2024 LiveLaw (SC) 519Every advocate is expected to come to the Court in proper attire as per the Rules...
Supreme Court Explains 'Henderson Doctrine' : Re-Litigation of Issues That Could Have Been Raised Earlier Is Barred
In a recent case, the Supreme Court explained Henderson doctrine, a natural corollary of the Indian doctrine of constructive Res-judicata codified in Explanation IV of Section 11 of the Code of Civil Procedure (CPC).Propounded in the English case of Henderson versus Henderson, 1843, the doctrine suggests that all the issues arising in the litigation out of the same subject matter must...
